Council upholds city engineer’s denial of permanent parklet at Up and Under Pub; owner vows appeal

The Richmond City Council on Tuesday upheld the city engineer’s denial of an encroachment permit that would have allowed the Up and Under Pub and Grill to keep a patio parklet in the public right‑of‑way.

City staff told the council the structure was installed during the COVID era under a temporary permit that expired; a later encroachment permit application submitted in September 2023 was denied by the city engineer in April 2025. Staff cited multiple reasons for denial: an incomplete permit application (missing engineered plans, structural calculations and ADA documentation), traffic‑safety risks and site‑triangle visibility concerns near the intersection, impacts on the public right‑of‑way and emergency/utility access, planning constraints involving alcohol service and a need to update the property’s conditional use permit, and a lack of required building permits and plan review under the California Building Code.

City staff said the owner had previously been given written suggestions for corrective actions but had not provided the required documentation or resolved outstanding regulatory problems. Deputy Public Works Director and City Engineer Robert Armijo told the council the parklet “restricts visibility” at a nearby intersection and “limits public access and impedes flexibility for utility and emergency access.” Staff also noted community complaints and a history of noncompliance.

The owner, Nathan Trivers, addressed the council by phone and characterized the staff presentation as “lies” and “nonsense,” saying he had been told early in the COVID period that a temporary permit was issued and that he spent money to build the parklet. He said the parklet has community support and “generates money in taxes.” Several public commenters — including nearby residents who said they had repeatedly reported safety concerns — spoke in favor of the staff action and said enforcement was appropriate.

After public comment and council deliberation, Councilmember Cepeda moved to adopt the staff resolution denying the appeal and upholding the city engineer’s denial of encroachment permit EN2300746; the motion passed by roll call vote (unanimous). Council direction clarified that the right‑of‑way is a shared public asset and that businesses seeking long‑term encroachments must provide complete technical and planning materials and comply with building and ADA requirements.

City staff told the council the owner may reapply but any new application must include full engineering and accessibility documentation, and the city is reviewing a moratorium and program changes for parklets citywide. The ruling requires the owner either to remove the unpermitted structure or pursue any further remedies available under the city’s code and appeal processes.